If you are hoping to become a barrister, something you will have to do is called “mini-pupillage”. This is essentially a form of work experience, where you follow a barrister in practice for anything from a day to a week. You follow them on the varied tasks which they may do during your time together, which could be spending time in chambers, or ideally observing their courtroom work. You should aim to do several mini-pupillages. Initially to help you choose your area of specialisation, and later to help you gain experience in that area and to identify where you may wish to apply for your full one year pupillage.
This is my five point plan to get the most out of mini-pupillage. Whether you are a law degree student, a student on the graduate diploma in law, or Bar course student, this guide to what to do for mini pupillage will help guide you to navigate the experience without causing a mistrial.
Firstly: act the part!
If you are a mini-pupil, you need to show your supervisor you have got what it takes to be a pupil. (Especially if this is an assessed mini-pupillage!)
Professionalism begins with being present. Be on time and pay attention!
Barristers are always punctual. So where ever it is you are meant to go, make sure you leave enough time. Make sure you have enough credit on your mobile phone payment account or Oyster card to get there. Anticipate things can go wrong, so that you don’t leave any travelling until the last minute. Triple check when you are expected to arrive (this is not the same as the time the hearing starts!) Double check your journey path, journey time, and possible problems in advance. Being late reflects badly on you, it also reflects badly on the barrister or their chambers with who you are with. If this is an assessed mini-pupillage, this error alone could cost you a favourable assessment.
As my colleague Abigail Welsh, former practising Barrister and current Bar course lecturer of many years experience, says: “if you turn up on time, you are already late”. Things happen before the listed hearing time, and you need to be there for this.
Barristers always pay attention. During a hearing they will not be looking at the ceiling or checking their notifications. They will be watching what is happening in court intently. (If you find this difficult, making notes helps some people maintain their focus. More about note taking will appear below.)
Secondly: know the etiquette.
Barristers are always smartly turned out (unless it is weekend and they are at home). Try to wear a suit or something dark and fairly formal looking. No trainers, flip flops, or overly showy heels, etc. Bright colours are a no-no, so are T shirts and other sporty clothing. This also means no tracksuits, no jeans. Please don’t show too much skin; no shorts, short tops, mini-skirts, sleeveless tops, no low cut tops. Knee length skirts, please. Go for plain dark coloured trousers, skirts, and white plain shirts if you do not have a suit. Did I mention – no trainers!
Do not drift into court with a latte in hand. This is not good etiquette. You will notice that the barristers in court might have a glass of water in front of them, but nothing else. Enjoy your coffee fix before you get to court.
Another old school point of etiquette is that barristers traditionally did not take their bag into court. They would leave it in the robing room. Some courts do not have that facility any more. But it is still a tradition not to have your bag visible on a surface such as a desk or a chair. Keep your bag on the floor, or out of sight and only keep what you need with you.
Keep your phone out of sight during court hearings and make sure it is either switched off or on silent. Ensure it is not on vibrate.
Barristers are always polite. To everyone. As bestselling author and practising barrister The Secret Barrister puts it: “Be kind to people. Few can expect to be the best lawyer in the room, but anyone can be the nicest.” In particular, do not be rude to the court staff. It’s terribly bad idea. For more on this, see Gordon Exall’s blog post: https://www.civillitigationbrief.com/2022/11/06/lawyers-should-not-be-rude-to-court-staff-indeed-not-rude-not-anyone-a-worrying-report/
The Bar is a small world and if you make a bad impression, you might find that it travels far. Of course, if your mini-pupillage is assessed, treat it as if it were a continuous interview.
SPECIAL WARNING: ATTENDING THE CENTRAL CRIMINAL COURT (THE OLD BAILEY)
If you are asked to attend a hearing at the Old Bailey, please remember this is a real privilege and this is a very important court. Security is a real concern here, as many violent crimes and/or terrorism incidents are dealt with here.
Normal practice is that you cannot take either mobile phones or bottles of water (or any other liquids) to the Old Bailey. Sailesh Mehta of Red Lion chambers advises that the barrister’s clerk should email the Old Bailey in advance to get clearance, and in this circumstance you will be able to take your phone with you. If you are a mini-pupil watching from the public gallery, you will not be able to bring your phone into the building. There is newsagent’s shop across the road who will take phones for a fee, but you risk being late if you need to pop to the shop to leave your phone and then return to the court.
Barristers and pupils (and mini-pupils) are allowed to enter via a special entrance (not the same as the public gallery). This could mean you see jurors coming in the same entrance. DO NOT talk to jurors. EVER. Ever ever. You risk ruining a hugely expensive trial if you do.
SPECIAL WARNING: CROWN COURT VISITS
Never, ever talk to jurors. Whether you talk to them about the case or the weather, it may be suggested that you have influenced their mind (whether intentionally or subconsciously). This could lead to a trial having to be abandoned. This would be embarrassing for you, for the barrister you are shadowing, and for the barrister’s chambers. It also risks wasting thousands of pounds of taxpayers’ money.
Thirdly: recognise the person you are observing is at work
Please do your best to recognise that you are there as an observer and the barrister you are shadowing is there to do their job. This means that them doing their job for the client comes first. I would suggest that you do not ask questions or talk during a conference or a hearing in court. Let the barrister do their job. Unless you are asked to do something or asked if you have questions, do not interfere with client business. Save your questions for after the hearing or conference.
When the barrister is in court, you are there as their responsibility. Therefore, your conduct counts. Do not talk during a hearing, do not laugh, do not roll your eyes, do not make faces. This is a challenge. You will hear things from witnesses during a trial which are laughable, lacking in credibility, rude, silly, offensive, and other things in between. You need to cultivate a poker face professionalism where such things wash over you, and you do not display a reaction. The advocate hearing such things may well use them in their speeches later on, but they will not react at the time. You cannot either disrupt the hearing or risk influencing anyone in the room by your reactions.
Please also refrain from giving your own advice or insights in front of the client of the barrister you are shadowing. Perhaps you are right, but any interference from you risks undermining either the work or the professional credibility of the person you are observing. You are there to observe and learn. You would not want someone to do the same to you, so show the same courtesy.
Fourthly: make the most out of this opportunity to learn.
Keep a note going the whole time. You may want to ask if you can bring a computer with you for note taking. If you can’t bring a laptop, go old school and bring a notebook and pen. Too many mini-pupils just watch things happen, and don't record their thoughts at the time. This means they don’t have something to help them gather their thoughts about their experience, to help record what they have learned, to note down good practice. Making a note will help you focus yourself on what you are seeing. It will also help you build your bank of things you can draw upon in for applications, forms and interviews.
My suggestion is to maintain focus on practice - practical skills and what you can learn about those things from watching others.
Make a note of things like:
-The facts of the case – the salient ones, not the irrelevant ones
-The legal issues in the case. Think about how the salient facts tie up with the legal issues.
-What was your case analysis?
-How did the barrister you observed use the facts, law, evidence?
-Was there anything they missed?
-Was there anything you missed?
-What parts of their advocacy was effective and why?
-What parts of their advocacy was not effective and why?
-When thinking about advocacy don’t forget good practice in Evidence in chief, cross examination and submissions (speeches)! Think about planning, analysis, questioning, use of practitioner texts, skeleton arguments, authorities, documentary evidence …
-What can you incorporate into your own practice?
-What insights into ethics have you learned?
-How did the barrister deal with the ethical issue? Why did they do what they did? What elements of the Code were engaged here? Is there BSB guidance, and if so, what does it say?
-What have you learned about practice: interaction with lay client, interaction with professional client, dealing with opponents, dealing with court staff, dealing with judges.
-What have you learned about procedure?
-How can this experience make you a better lawyer?
Fifthly: how can what you’ve learned help you get pupillage?
My list of things to look for and make notes about are designed to help you notice and record all the things that a mini-pupillage can teach you. Was there anything I missed?
What you can use from the above in your pupillage form, CV, interview answers? Too many people are very passive when discussing their mini pupillages – “I observed blah blah blah” they tend to write. What you glean and how it makes you develop into a better practitioner is what shows you are ahead of other candidates.
Use the assessments you have made by answering the questions above to craft the answers to both the pupillage application form and your interview questions. Chambers will want to know how your legal work experience has shaped you as a young lawyer, and what you take away from your learnings. Mini-pupillage should be an exercise in active observation, critical analysis, and professional development.
Good luck on your mini-pupillage!
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